Wells v. County of Stanislaus, et al.

Filing 49

STIPULATION and ORDER Modifying Pre-Trial Scheduling Order signed by Judge Oliver W. Wanger on 01/12/2010. Non-Expert Discovery due by 7/2/2010; Serve Expert Disclosures due by 7/16/2010; Serve Rebuttal Expert Disclosures due by 08/13/2010; Expert Di scovery due by 09/17/2010; File Dispositive Motions due by 10/15/2010; Last Day for Hearing Dispositive Motions 11/15/2010; Final Pretrial Conference set for 12/20/2010 at 11:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger; Jury Trial set for 1/25/2011 at 09:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger.(Flores, E)

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A PROFESSIONAL CORPORATION

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Terence J. Cassidy, SBN 99180 Kristina M. Hall, SBN 196794 350 University Ave., Suite 200 Sacramento, California 95825 TEL: [phone] FAX: [phone]

Attorneys for Defendants COUNTY OF STANISLAUS, DEPUTY FRANK ALVES, D E P U T Y J. WALSH, SHERIFF DEPUTY JOSHUA HOUTCHENS, PUBLIC WORKS E M P L O Y E E STEVE GREEN, MATTHEW ERIKSON PUBLIC WORKS DIRECTOR F O R THE CITY OF WATERFORD, SHERIFF ADAM CHRISTIANSON U N I T E D STATES DISTRICT COURT

9 E A S T E R N DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 18 19 20 21 D e f e n d a n ts. 22 23 24 25 26 27 28
PORTER * SCOTT
ATTORNEYS 3 5 0 U N I V E R S IT Y A V E ., S U I T E 2 0 0 SACRAM EN T O , CA 95825 T E L : 9 1 6 . 9 2 9 .1 4 8 1 F A X : 9 1 6 . 9 2 7 .3 7 0 6

J A M E S ALBERT WELLS and JUDY C. W ELLS, P la in tif f s , vs. C O U N T Y OF STANISLAUS; DEPUTY F R A N K ALVES; DEPUTY J. WALSH; C IT Y OF WATERFORD; SHERIFF D E P U T Y JOSHUA HOUTCHENS; P U B L IC WORKS EMPLOYEE STEVE G R E E N ; M A T T H E W ER I C K S O N P U B L IC WORKS DIRECTOR FOR THE C IT Y OF WATERFORD; SHERIFF A D A M C H R I S T I A N S O N TA S E R IN T E R N A T IO N A L ; ROB JACKSON C H IE F OF POLICE SERVICES; and D o e s 1 through 25, inclusive. /

C a s e No. 1:08-CV-01146-OWW-GSA [J u d g e Oliver W. Wanger, United States District Judge] STIPULATION AND ORDER MODIFYING PRE-TRIAL S C H E D U L I N G ORDER

IT IS HEREBY STIPULATED AND AGREED by and between plaintiffs James A lb e rt Wells and Judy Wells, and Defendants County of Stanislaus, Deputy Frank Alves, D e p u ty J. Walsh, Sheriff Deputy Joshua Houtchens, Public Works Employee Steve Green, M a tth e w Erikson Public Works Director for the City of Waterford, and Sheriff Adam C h ris tia n s o n , by through their undersigned Counsel, pursuant to USDC EDCA Local Rules 8 3 -1 4 3 and 6-144 (d) as follows: 1
S T I P U L A T I O N AND ORDER M O D I F Y I N G PRE-TRIAL SCHEDULING ORDER
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PORTER * SCOTT
ATTORNEYS 3 5 0 U N I V E R S IT Y A V E ., S U I T E 2 0 0 SACRAM EN T O , CA 95825 T E L : 9 1 6 . 9 2 9 .1 4 8 1 F A X : 9 1 6 . 9 2 7 .3 7 0 6

1.

T h e parties respectfully request that the District Court modify the Pre Trial

S c h e d u lin g Order based on good cause appearing therefor as more fully set forth below: 2. T h is action arises out of alleged violations of Federal Civil Rights and State

L a w Claims against defendant County of Stanislaus, Sheriff Christianson, Deputy Sheriffs A lv e s , Houtchens and Walsh ("County") as well as City of Waterford Public Works e m p lo ye e s Erickson and Green ("City") in connection with the death of Plaintiffs' son, James W e lls. 3. F o llo w in g the filing and service of the complaint in this case, the County and

C ity defendants retained counsel Dan Farrar to represent them. At some point in late N o v e m b e r and mid-December, 2009, the County and City defendants determined that they w o u ld retain Terrence J. Cassidy of Porter Scott to represent them in place of Mr. Farrar in th e defense of this case. Counsel commenced coordinating the obtaining of all of the file m a te ria ls as well as the preparation and filing of a Substitution of Attorneys. Due to the u n a v a ila b ility of Counsel and the parties over the course of the holidays, the Substitution of A tto rn e ys is being filed concurrently with this Stipulation. Newly substituted defense

c o u n s e l, Terrence J. Cassidy, has received all of the file materials from Mr. Farrar's office, w h ic h consist of in excess of 1000 pages, and has heretofore commenced review of those m a te ria ls . To date, no depositions have been completed in this case. 4. D u rin g the process of Mr. Cassidy being substituted into this case, Counsel for

P la in tif f s noticed numerous Depositions and served a Request for Production of Documents. Defense Counsel will need sufficient time to familiarize himself with this case a to provide re s p o n s e s to the Request for Production of Documents, as well as to reschedule the D e p o s itio n s of the various parties and witnesses to mutually agreed upon dates and times. 5. B a s e d on newly substituted defense Counsel's initial review of the file

m a te ria ls , defense counsel has determined that the following additional discovery and i n v e s t i g a tio n will be necessary in order to properly defend this case: Written discovery to P la in tif f s including Interrogatories and Request for Production of Documents; depositions o f Plaintiffs James and Judy Wells, depositions of a number of Bystander Witnesses; 2
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PORTER * SCOTT
ATTORNEYS 3 5 0 U N I V E R S IT Y A V E ., S U I T E 2 0 0 SACRAM EN T O , CA 95825 T E L : 9 1 6 . 9 2 9 .1 4 8 1 F A X : 9 1 6 . 9 2 7 .3 7 0 6

d e p o s itio n s of emergency response personnel and the Pathologist who conducted the autopsy; retention of various Expert Consultants/Witnesses, and assuming they are disclosed to testify, th e preparation of expert reports. 6. P re se n tly, non-expert discovery is scheduled to be completed on March 31,

2 0 1 0 , Expert Disclosures with reports are due to be served February 28, 2010, Expert D is c o v e ry cut off is April 30, 2010, Last day to File Dispositive Motions is May 31, 2010 w ith hearing date of July 12, 2010, Final Pre Trial Conference is August 16, 2010, the Trial is presently scheduled to commence on September 14, 2010. 7. B a s e d on the need for additional time to conduct Discovery and retain/disclose

E x p e rt Witnesses, Counsel for Defendants contacted Counsel for Plaintiffs, Peter W illia m so n , and requested that Plaintiffs stipulate to extend the deadlines and trial date in th is case approximately four months. Newly substituted Counsel for Defendants believes in good faith that the remaining Discovery and Expert Witness work up can be completed w ith that additional amount of time so as to not unduly delay further proceedings in this case. T h e re has been one previous modification to the Pre-Trial Scheduling Order based on a n e w ly substituted Counsel for Plaintiffs which was granted on September 14, 2009. 8. T h e re f o re , the parties respectfully submit that good cause exists and request

m o d if ic a tio n of the Pre-Trial Scheduling Order as follows: L a s t Day to Complete Non-Expert Discovery L a s t Day to Serve Expert Disclosures L a s t Day to Serve Rebuttal Expert Disclosures L a s t Day to Complete Expert Discovery L a s t Day to File Dispositive Motions L a s t Day for Hearing Dispositive Motions F in a l Pre-Trial Conference T ria l /// /// 3
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J u ly 2, 2010 J u ly 16, 2010 A u g u s t 13, 2010 September 17, 2010 O c to b e r 15, 2010 N o v e m b e r 15, 2010 D e c e m b e r 20, 2010 January 25, 2011

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IT IS FURTHER AGREED that all other provisions of the Pre-Trial Scheduling Order o f November 20, 2008 remain in effect. This Stipulation may be signed in counterparts and th a t any facsimile or electronic signature shall be as valid as an original signature. IT IS SO STIPULATED. D A T E D : January 11 , 2010 W IL L IA M S O N & KRAUSS

6 7 By 8 9 10 11 12 13 By 14 15 16 17 18 19 20 21 22 23 24 25 26 27 IT IS SO ORDERED. 28 Dated:
PORTER * SCOTT
ATTORNEYS 3 5 0 U N I V E R S IT Y A V E ., S U I T E 2 0 0 SACRAM EN T O , CA 95825 T E L : 9 1 6 . 9 2 9 .1 4 8 1 F A X : 9 1 6 . 9 2 7 .3 7 0 6

/S/ Peter M. Williamson Peter M. Williamson A tto rn e y for Plaintiffs J A M E S ALBERT WELLS and JUDY WELLS

D A T E D : January 11 , 2010

P O R T E R SCOTT A PROFESSIONAL CORPORATION

/S/ Terence J. Cassidy Terence J. Cassidy A tto rn e ys for Defendants C O U N T Y OF STANISLAUS, DEPUTY F R A N K ALVES, DEPUTY J. WALSH, SHERIFF DEPUTY JOSHUA H O UTCH EN S, PU BLIC W O RK S EMPLOYEE STEVE GREEN, M A TTH EW ERIKSON PU B LIC W O R K S DIRECTOR FOR THE CITY O F WATERFORD, SHERIFF ADAM C H R IS T IA N S O N

ORDER H a v in g reviewed the above stipulation and good cause appearing therefore, IT IS H E R E B Y ORDERED that the Pre-Trial Scheduling Order be modified with the new s c h e d u le as set forth above. N O FURTHER CONTINUANCES

January 12, 2010 4

/s/ Oliver W. Wanger

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PORTER * SCOTT
ATTORNEYS 3 5 0 U N I V E R S IT Y A V E ., S U I T E 2 0 0 SACRAM EN T O , CA 95825 T E L : 9 1 6 . 9 2 9 .1 4 8 1 F A X : 9 1 6 . 9 2 7 .3 7 0 6

UNITED STATES DISTRICT JUDGE

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